Crime & Safety

Update: Trucker's Murder Trial Jury Deadlocked on Lesser Charges.

After four and a half days of deliberations, the jury announced Thursday that members could not come to a unanimous decision about all of the charges. They will reconvene Friday.

Updated 4:44 p.m. The jury has reached a decision on the two second-degree murder counts against Marcos Costa, but is now trying to reach a verdict on the lesser charges of involuntary manslaughter. The verdicts have not yet been announced.

Los Angeles Superior Court Judge Darrell Mavis sent the jury back to deliberate on lesser charges of involuntary manslaughter. He released the jury shortly before 5 p.m. They will reconvene Friday morning.

When asked outside the courtroom if she thought a verdict would be reched and read Friday, Deputy District Attorney Carolina Lugo said, "If I were a betting woman, I’d say yes.'' 

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Defense attorney Edward Murphy, who also expects a verdict Friday, said only, "I can’t talk about it; things are murky. I can’t comment. I wish I could.''

A confused silence consumed the courtroom Thursday afternoon when the jury indicated it reached a decision on the murder counts but had questions about the allegations associated with the lesser count of involuntary manslaughter. In the hallway, Costa's wife, Ester, hugged her husband and rubbed his back. 

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Earlier: The jury deliberating whether the driver of an out-of-control big rig that killed two people in 2009 is guilty of murder, vehicular manslaughter and felony reckless driving may read its findings Thursday afternoon.

The panel of 10 men and two women has been deliberating for four and a half days. Sources say the jury is hung on several counts. A hearing is scheduled for 3:15 p.m.

The 46-year-old Massachusetts man was arrested after the Apr. 1, 2009 accident in which the brakes failed on his 18-wheel car-carrying semi truck. The truck barrelled out of control down Angeles Crest Highway, rammed into a car driven by Angel Posca, 58, of Palmdale, and several other cars before bulldozing into the

Posca and his 12-year-old daughter, Angelina, died instantly. Several others were injured.

Earlier in the Trial

Calling big rig a “25-ton lethal weapon,’’ Deputy District Attorney Carolina Lugo told the Pasadena jury during the four-week trial that Costa was not a victim of circumstance and that the fatal wreck was not an accident.

“This is not a traffic case where someone happens to get killed,’’ Lugo said during her closing argument. “If you don’t operate a truck carefully … you do what he did. You turn this big rig into a death rig.’’

Defense Attorney Edward Murphy repeatedly has called the murder charges "preposterous'' and said his client, a pastor for 20 years, relied on the GPS-suggested route and did everything “under the sun’’ to stop the racing vehicle.

While Costa testified that he threw water on his smoking brakes and let them cool for a bit before forging on, Lugo argued that a truck that size never should have traversed the steep, mountainous and winding Angeles Forest Highway or Angeles Crest Highway.

Check back on LCF Patch as we update this story with the verdict and reaction from the victims' and defendant's family. Patch will tweet as the events unfold.

Owing to conflicting information coming out of the district attorney's office, earlier versions of this story erroneously reported the jury's actions. Patch regrets the errors.


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